Ongoing weekly income benefits awarded to professional singer disabled by post-traumatic depression.
The applicant, a professional folk singer, was injured in a motor vehicle accident and received weekly income benefits for 156 weeks.
The insurer terminated benefits, arguing he was capable of returning to work.
The arbitrator found that the applicant suffered from severe post-traumatic depression, largely stemming from his genuine belief that he could no longer sing professionally due to dental and facial injuries.
Applying section 12(5)(b) of the Statutory Accident Benefits Schedule, the arbitrator concluded the applicant was continuously prevented from engaging in any occupation for which he was reasonably suited by education, training, or experience.
Ongoing weekly income benefits, interest, and expenses were awarded.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesAug 19, 1996